Texaco says Petrogas is in breach of lease agreement

High Court allows injunction over use of ‘Applegreen’ trademarks

Chevron Intellectual Property LLC and Valero were given permission by the High Court on Friday to serve injunction proceedings on Petrogas

Chevron Intellectual Property LLC and Valero were given permission by the High Court on Friday to serve injunction proceedings on Petrogas

 

Fuel supplier Texaco claims rival Petrogas is using its “Applegreen” trademarks and products at two Dublin service stations in breach of lease agreements.

Chevron Intellectual Property LLC and Valero, the US and Irish firms behind the Texaco brand, were given permission by the High Court on Friday to serve injunction proceedings at short notice on Petrogas over the alleged contractual breaches.

Valero operates 132 service stations which contribute €200 million to the company’s €700 million turnover.

It claims two service stations, Rochestown in Dún Laoghaire and the Abbey in Monkstown, have, contrary to contractual obligations under their leases where they are branded under the Texaco name, been “cross-fertilised or cross contaminated” by using Applegreen merchandise, products and livery.

Rossa Fanning SC, with Stephen Byrne, said, despite the sending of “cease and desist” letters, and excuses and explanations in reply, the breaches had continued.

Following one letter to Petrogas’ solicitors, they promised to remove certain signage, he said.

However, other rival advertisements and products were subsequently still on display and when this was again raised, the solicitors denied this was any breach of the agreement, Mr Fanning said.

There was a commercial urgency to the matter, counsel said.

Mr Justice Tony O’Connor granted Mr Fanning’s ex parte application (one side only represented) for permission to serve the proceedings at short notice on the defendants and returned the matter to next week.